Accused Students Granted Bail

Accused Students Granted Bail

Posted By
Attorney Robert H. Humprhey

As reported by Lynn Arditi in the October 21, 2015 edition of the Providence
Journal, three (3) students have been granted bail in connection with
sexual assault cases. The students, who all attend Johnson & Wales University are accused
of sexually assaulting a fellow JWU student. The men have all been charged
with first degree sexual assault. A fourth student has been charged with
second degree sexual assault. He is accused of assaulting a friend of
the other victim on the same night. The alleged assaults took place in
Pawtucket.

Pursuant to Rhode Island General Laws 11-37-2, first degree sexual assault
is defined as a person is guilty of first degree sexual assault if he
or she engages in sexual penetration with another person, and if any of
the following circumstances exist:

(1) The accused, not being the spouse, knows or has reason to know that
the victim is mentally incapacitated, mentally disabled, or physically helpless.

(2) The accused uses force or coercion.

(3) The accused, through concealment or by the element of surprise, is
able to overcome the victim.

(4) The accused engages in the medical treatment or examination of the
victim for the purpose of sexual arousal, gratification, or stimulation.

First degree sexual assault is a capital offense, which means it allows
for lifetime imprisonment. The penalties if convicted include imprisonment
for a period not less than ten (10) years and may be imprisoned for life.
Sex offender counseling and registration would be required and a no contact
order with the victim(s).

Second degree sexual assault is defined as a person is guilty of a second-degree
sexual assault if he or she engages in sexual contact with another person
and if any of the following circumstances exist:

(1) The accused knows or has reason to know that the victim is mentally
incapacitated, mentally disabled, or physically helpless.

(2) The accused uses force, element of surprise, or coercion.

(3) The accused engages in the medical treatment or examination of the
victim for the purpose of sexual arousal, gratification, or stimulation.

The penalties if convicted include imprisonment for not less than three
(3) years and not more than fifteen (15) years. Sex offender counseling
and registration would be required and a no contact order with the victim(s).

Because first degree sexual assault is a capital crime, the suspects were
not automatically granted bail. They were granted bail only after a bail
hearing. The Judge granting bail imposed certain bail conditions including
a no-contact order with the victim, surrendering their passports and waiving
eradiation. The three men are all from Saudi Arabia.